Illinois General Assembly - Full Text of SB3948
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Full Text of SB3948  102nd General Assembly

SB3948 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3948

 

Introduced 1/21/2022, by Sen. Elgie R. Sims, Jr.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Kratom Consumer Protection Act. Establishes safety requirements for the preparation, distribution, sale, and exposure for sale of Kratom products and extracts. Prohibits the preparation, distribution, sale, and exposure for sale of adulterated Kratom products and extracts. Provides that a processor of Kratom products that violates the Act is subject to an administrative penalty of not more than $5,000 for the first offense and not more than $10,000 for the second or subsequent offense. Provides that the penalty shall be collected by the Department of Public Health and paid into the Food and Drug Safety Fund. Upon the request of a person to whom an administrative penalty is issued, the Director of Public Health shall conduct a hearing in accordance with the Illinois Administrative Procedure Act. Provides that a processor shall not distribute, sell, or expose for sale a Kratom product to a person under 18 years of age. Provides that a person who violates the age restrictions shall be punished as provided in the Kratom Control Act. Provides that a retailer does not violate the Act if it is shown by a preponderance of the evidence that the retailer relied in good faith upon the representations of a manufacturer, processor, packer, or distributor of food represented to be a Kratom product.


LRB102 23057 RLC 32213 b

 

 

A BILL FOR

 

SB3948LRB102 23057 RLC 32213 b

1    AN ACT concerning Kratom.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Kratom
5Consumer Protection Act.
 
6    Section 5. Definitions.
7    (a) As used in this Act:
8    "Director" means the Director of Public Health.
9    "Food" means a food, food product, food ingredient,
10dietary ingredient, dietary supplement, or beverage for human
11consumption. "Food" includes a Kratom product.
12    "Kratom extract" means a food product or dietary
13ingredient containing any part of the leaf of the plant
14Mitragyna Speciosa that has been extracted and concentrated in
15order to provide more standardized dosing.
16    "Kratom product" means a food product or dietary
17ingredient containing any part of the leaf of the plant
18Mitragyna speciosa or an extract of it that is manufactured as
19a powder, capsule, pill, beverage, or other edible form.
20    "Processor" means a person that sells, prepares,
21manufactures, distributes, or maintains Kratom products, or
22advertises, represents, or holds itself out as selling,
23preparing, or maintaining Kratom products.

 

 

SB3948- 2 -LRB102 23057 RLC 32213 b

1    "Retailer" means any person that sells, distributes,
2advertises, represents, or holds itself out as selling or
3maintaining Kratom products.
 
4    Section 10. Kratom product limitations. A processor shall
5not prepare, distribute, sell, or expose for sale any of the
6following:
7    (1) A Kratom product that is adulterated with a dangerous
8non-Kratom substance. For purposes of this Act, a Kratom
9product is adulterated with a dangerous non-Kratom substance
10if the Kratom product is mixed or packed with a non-Kratom
11substance and that substance affects the quality or strength
12of the Kratom product to such a degree as to render the Kratom
13product injurious to a consumer.
14    (2) A Kratom product that is contaminated with a dangerous
15non-Kratom substance. For purposes of this Act, a Kratom
16product is contaminated with a dangerous non-Kratom substance
17if the Kratom product contains a poisonous or otherwise
18deleterious non-Kratom ingredient, including, but not limited
19to, the substances listed in Section 204, 206, 208, 210, or 212
20of the Illinois Controlled Substances Act.
21    (3) A Kratom extract that contains levels of residual
22solvents higher than is allowed by United States Pharmacopeia
23(USP) 467.
24    (4) A Kratom product containing a level of
257-hydroxymitragynine in the alkaloid fraction that is greater

 

 

SB3948- 3 -LRB102 23057 RLC 32213 b

1than 2% of the overall alkaloid composition of the product.
2    (5) A Kratom product containing any synthetic alkaloids
3including synthetic mitragynine, synthetic
47-hydroxymitragynine, or any other synthetically derived
5compounds of the Kratom plant.
6    (6) A Kratom product that does not provide adequate
7labeling directions necessary for safe and effective use by
8consumers, including a recommended serving size.
 
9    Section 15. Age limits. A processor shall not distribute,
10sell, or expose for sale a Kratom product to a person under 18
11years of age. A person who violates this Section shall be
12punished as provided in the Kratom Control Act.
 
13    Section 20. Violations.
14    (a) A processor that violates Section 10 is subject to an
15administrative penalty of not more than $5,000 for the first
16offense and not more than $10,000 for the second or subsequent
17offense. The penalty shall be collected by the Department of
18Public Health and paid into the Food and Drug Safety Fund. Upon
19the request of a person to whom an administrative penalty is
20issued, the Director shall conduct a hearing in accordance
21with the Illinois Administrative Procedure Act.
22    (b) A retailer does not violate Section 10 if it is shown
23by a preponderance of the evidence that the retailer relied in
24good faith upon the representations of a manufacturer,

 

 

SB3948- 4 -LRB102 23057 RLC 32213 b

1processor, packer, or distributor of food represented to be a
2Kratom product.